Lawyers dispute Daniel Leary's liability in West Springfield death of David Laduzenksi as 2nd motor vehicle homicide trial gets under way

SPRINGFIELD - Hampden District Attorney Mark G. Mastroianni told jurors Wednesday the law doesn't say a person has to be falling down drunk to be impaired by alcohol.

Daniel Leary

The law said characteristics of operating under the influence of alcohol are impaired ability, decrease in alertness, decrease in ability to respond properly and reduction in mental clarity or reflexes, he said.

Mastorianni delivered that message in his opening statement in the motor vehicle homicide trial of Daniel Leary, 37, of Southwick for the death of pedestrian David Laduzenski.

Laduzenski, 29, a West Springfield native living in Somerville, was in town to visit his parents and friends when struck by a truck driven by Leary in front of 461 Dewey St. in West Springfield.

Leary faces one charge of motor vehicle homicide while under the influence of alcohol and negligent operation,

Hampden Superior Court Judge Tina S. Page declared a mistrial at the request of the defense in the first trial in March.

Leary had also been charged with possession of cocaine at the time of his arrest. He pleaded guilty to that charge before the first motor vehicle homicide trial started and Page ruled there could be no mention of cocaine during that trial.

A part of the booking tape played to the jury did not have the mention of cocaine deleted, and although Page said it was not done on purpose by the prosecution it would prejudice the jury toward Leary. Page declared the mistrial.

Aaron W. Wilson, Leary's lawyer, told jurors in his opening statement Leary will testify Laduzenski jumped out in front of his truck and he swerved but couldn't help hitting him.

Wilson said by all accounts Laduzenski is "a decent man, a good man."

"But let me tell you Daniel Leary is a good man as well," Wilson said.

He said he understands the case has a lot of sympathy for the victim but that has no place in the courtroom.

Wilson said whenever a serious injury or death happens, people feel someone has to be at fault.

"Sometimes it's just an accident," he said.

He said West Springfield police were wrong in saying Leary failed two field sobriety tests. He said they did not follow proper procedure in administrating a breathalyzer test.

Evidence in the last trial showed Leary had a blood alcohol level of .19, more than twice the legal limit of .08.

Mastroianni told jurors they will hear about things the West Springfield police did correctly and what they didn't do correctly.

But, he said, the combination of evidence will show Leary was impaired by alcohol when he hit Laduzenski.

Mastroianni said Leary's truck ran up on to the lawn, knocked down two mailboxes, and hit Laduzenski who was by one of the mailboxes. He said evidence from the truck will show the front of the truck toward the passenger side hit Laduzenski.

The courtroom was crowded by Leary's relatives and friends on one side and Laduzenski's family and friends on the other.